the arguMent fOr greater uSe Of nOn-Binding arBitratiOn
Mediation & Arbitration Section Co-Chairs: LaraTibbals – TibbalsMediation, LLC & ChristineDerr – Harris, Hunt & Derr, P. A.
the use of non-binding arbitration can expedite the resolution of the case, reduce the costs of litigation, and provide a means of successful resolution without the risks of trial.
Mediation has historically provided the most common form of alternative dispute resolution. An additional alternative to judicial action, mediation, and arbitration under Florida law is the option of court ordered non-binding arbitration.
The requirements for use of non-binding arbitration vary in the administrative and case management orders of various circuits. Initially, many courts required non-binding arbitration after failed attempts at mediation, or instead of mediation. However, because of pushback, the requirements for use became less mandatory in many circuits.
The advantages of non-binding arbitration are many. It can help resolve difficult cases because it can provide a neutral indication of the value of the case. While unsuccessful mediation can lead to more entrenched positions than existed before mediation, nonbinding arbitration can help provide a potential true value of a case and a tempering of the“ hopefulness” of the attorneys and parties. This
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